A Practical Guide to the Use of Expert Evidence in Criminal Cases - Second Edition

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Publisher :
ISBN 13 : 9781914608506
Total Pages : 0 pages
Book Rating : 4.6/5 (85 download)

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Book Synopsis A Practical Guide to the Use of Expert Evidence in Criminal Cases - Second Edition by : Richard Padley

Download or read book A Practical Guide to the Use of Expert Evidence in Criminal Cases - Second Edition written by Richard Padley and published by . This book was released on 2023-04-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent times the use of expert evidence has hit the headlines when scrutiny over the expert's qualifications and experience has undermined the credibility of their evidence. This has rapidly become an area of law that practitioners cannot afford to get wrong. This book takes the practitioner through all stages of the process from initial identification of the need for expert evidence, through to maximising the benefit of this evidence at trial. It considers the practical steps required for adducing expert evidence at trial (noting the appropriate procedure rules and practice directions), and how this can most appropriately be presented to the tribunal (including references to key authorities as appropriate). The second edition of this book provides an update in relation to matters of admissibility and the use of expert evidence, but also expands on the types of expert evidence that practitioners may come across in their own work. It aims to provide the practitioner with a level of understanding of these fields that can be used to build confidence when tackling an expert report and challenging an expert in court. With that in mind it is suitable for both junior practitioners coming across these areas of expertise for the first time and seeking to build their knowledge afresh, as well as the more seasoned practitioner seeking to refresh their knowledge as well as understanding some of the greater detail surrounding the various fields of expertise. CONTENTS Ch 1 - An Introduction to Expert Evidence - What is an expert report? Who can be an expert? The independence of expert witnesses Ch 2 - The use of Expert Evidence in Criminal Proceedings - covering case management, unused material, the presentation of expert evidence in court, directing the jury Ch 3- An introduction to the use of psychiatric evidence in the criminal justice system Ch 4 - Fitness to Plead - An overview of the fitness to plead procedure, including how it can be used in both the Magistrates' and Crown Court, how it is established, and how an acts hearing is conducted Ch 5 - Insanity - How to establish insanity and the consequences of the return of the 'special verdict' Ch 6 - The utility of psychiatric evidence in establishing self defence Ch 7 - Disposal of cases involving elements of mental health treatment - an overview of the options available to the court Ch 8 - Digital Forensics - the principles for obtaining digital evidence, powers to obtain digital material from within the UK and from abroad, principles of examining devices for digital material, issues arising from the disclosure of gitial material. Ch 9 - Cell Site Evidence - What is it? How it can be used? What are its limitations? How can it be challenged? Ch 10 - Modern Slavery - How can an expert assist with matters of modern slavery? Ch 11 - Gangs, Lyrics and Association - When can the prosecution rely on evidence of gang assocation and music lyrics? Ch 12 - An introduction to Forensic Science - How does forensic science fit within the criminal justice system? Ch 13 - Fingerprint Analysis - Recovering and examining fingerprints; cognitive bias in fingerprint examination. Ch 14 - Firearms - analysis of firearms and ballistics; rifling and the identification of firearms; firearm discharge residue. Ch 15 - The use of DNA in Criminal Proceedings - an overview of the science; sources of DNA; interpretation of DNA; establishing the evidential significance of a match; the prosecutor's fallacy; limitations of the science Ch 16 - The use of statistics in forensic science - random match probability; liklihood theory; bayesian theorum; statistical evidence in court. Ch 17 - General tips when using expert evidence

A Practical Guide to the Use of Expert Evidence in Criminal Cases

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Publisher :
ISBN 13 : 9781912687732
Total Pages : 150 pages
Book Rating : 4.6/5 (877 download)

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Book Synopsis A Practical Guide to the Use of Expert Evidence in Criminal Cases by : Richard Padley

Download or read book A Practical Guide to the Use of Expert Evidence in Criminal Cases written by Richard Padley and published by . This book was released on 2020-07-27 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the practitioner through all stages of the process from initial identification of the need for expert evidence, through to maximising the benefit of this evidence at trial.

A Guide to Forensic Testimony

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Publisher : Addison-Wesley Professional
ISBN 13 : 9780201752793
Total Pages : 560 pages
Book Rating : 4.7/5 (527 download)

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Book Synopsis A Guide to Forensic Testimony by : Fred Chris Smith

Download or read book A Guide to Forensic Testimony written by Fred Chris Smith and published by Addison-Wesley Professional. This book was released on 2003 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: A technical expert and a lawyer provide practical approaches for IT professionals who need to get up to speed on the role of an expert witness and how testimony works. Includes actual transcripts and case studies.

Law for the Expert Witness, Second Edition

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Publisher : CRC Press
ISBN 13 : 9781420048766
Total Pages : 248 pages
Book Rating : 4.0/5 (487 download)

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Book Synopsis Law for the Expert Witness, Second Edition by : Daniel A. Bronstein

Download or read book Law for the Expert Witness, Second Edition written by Daniel A. Bronstein and published by CRC Press. This book was released on 2010-12-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a trial lawyer turned professor, Law for the Expert Witness, Second Edition is for professionals who participate - voluntarily or involuntarily - in the legal system as expert witnesses. This book discusses the practical aspects of pre-trial discovery and the Rules of Evidence. Most of the principles are illustrated using actual cases decided by various courts. The book also includes helpful hints based on the author's trial experience and appendices that contain the texts of the relevant Federal Rules of Civil Procedure and Federal Rules of Evidence. This text is an excellent primer for chemists, medical professionals, civil engineers, environmental toxicologists, and other professionals called to provide expert testimony, as well as a practical handbook for lawyers to utilize in preparing experts for testifying.

Practical Guide to Evidence

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Publisher : Routledge
ISBN 13 : 1134105398
Total Pages : 529 pages
Book Rating : 4.1/5 (341 download)

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Book Synopsis Practical Guide to Evidence by : Christopher Allen

Download or read book Practical Guide to Evidence written by Christopher Allen and published by Routledge. This book was released on 2008-08-28 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical Guide to Evidence provides a clear and readable account of the law of evidence, acknowledging the importance of arguments about facts and principles as well as rules. The fourth edition has been revised and updated to address the radical changes brought about by the Criminal Justice Act 2003, particularly in relation to hearsay, character evidence and opinion evidence and to expand coverage of the Human Rights Act 1998. Particular attention is given to changes made by the revised Codes of Practice, and to the growing body of case law on topics such as reverse burden of proof, the cross-examination of rape victims, evidence obtained by entrapment, and silence in the face of police questioning. Now including enhanced pedagogical support such as chapter summaries, further reading advice and boxed examples, this leading textbook can be used on both undergraduate and professional courses.

Practical Guide to Evidence

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Publisher : Routledge
ISBN 13 : 1317670175
Total Pages : 487 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Practical Guide to Evidence by : Christopher Allen

Download or read book Practical Guide to Evidence written by Christopher Allen and published by Routledge. This book was released on 2015-08-20 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical Guide to Evidence provides a clear and readable account of the law of evidence, acknowledging the importance of arguments about facts and principles as well as rules. This fifth edition has been revised and updated to address recent changes in the law and debates on controversial topics such as surveillance and human rights. Coverage of expert evidence has also been expanded to include forensic evidence, bringing the text right up-to-date. Including enhanced pedagogical support such as chapter summaries, further reading advice and self-test exercises, this leading textbook can be used on both undergraduate and professional courses.

Practical Guide to Evidence

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Publisher : Cavendish Publishing
ISBN 13 : 1843143089
Total Pages : 485 pages
Book Rating : 4.8/5 (431 download)

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Book Synopsis Practical Guide to Evidence by :

Download or read book Practical Guide to Evidence written by and published by Cavendish Publishing. This book was released on 1998-08-20 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this widely acclaimed book maintains the author's original objective: to provide a clear and readable account of evidence law, which acknowledges the importance of arguments about facts and principles as well as rules. It is written

A Practical Approach to Evidence

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Publisher : Gaunt
ISBN 13 :
Total Pages : 636 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Practical Approach to Evidence by : Peter Murphy

Download or read book A Practical Approach to Evidence written by Peter Murphy and published by Gaunt. This book was released on 1992 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of evidence underlies the whole practice of law in every field involved in litigation. This book is constructed around the facts of a fictitious, but not unrealistic case and the issues which it raises. This fourth edition covers the changes made by the Criminal Justice Act 1991.

Criminal Evidence

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Publisher : Aspen Publishing
ISBN 13 : 1543849075
Total Pages : 843 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Criminal Evidence by : Derek Regensburger

Download or read book Criminal Evidence written by Derek Regensburger and published by Aspen Publishing. This book was released on 2022-09-15 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: With lucid text, four-color illustrations, and abundant examples, Criminal Evidence follows the path of evidence From Crime Scene to Courtroom. Focusing on the Federal Rules of Evidence and their state counterparts, Derek Regensburger offers a clear introduction to the principles of evidence and instructions for collecting, preserving, and presenting evidence in a criminal case. The book surveys the major concepts of evidence law such as relevance and burden of proof, discovery, admission of expert witness testimony, impeachment of witnesses, character evidence, hearsay, authentication of physical evidence, and more. Actual trials and news excerpts bring the material to life as they illustrate the role of evidence in real cases. Videos of mock trial scenes on the book’s website reinforce students’ understanding of key concepts. New to the Third Edition: A new chapter on trial practice and witness preparation Streamlined discussions of the exclusionary rule, Miranda rights, and rape shield laws Updated material on eyewitness identification and admission of confessions, particularly the modification of the corpus delicti rule by many state courts Changes concerning the reliability of forensic evidence due to the release of the 2016 report on the issue authored by the President’s Council on Science and Technology, including the FBI’s rejoinder to that report New and expanded sections on bloodstain pattern analysis, arson investigation, and handwriting analysis New and updated practical examples and Evidence in Action articles to feature more recent events, including the Kyle Rittenhouse trial Professors and students will benefit from: Straightforward text that follows the evidence from collection to trial Accessible three-part organization I. The Collection and Preservation of Evidence II. Pretrial Matters III. Admissibility of Evidence Four-color photographs and exhibits that illustrate evidentiary concepts Evidence in Action, observed in real trials and news excerpts Practical examples that apply legal concepts through hypothetical scenarios Review questions and application problems at the end of each chapter test students’ mastery of the material Short mock trial scenes on the companion website that illustrate key concepts discussed in the text

The Practical Guide to Evidence in Criminal Cases

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Publisher : Scarborough, Ont. : Carswell
ISBN 13 : 9780459268688
Total Pages : 295 pages
Book Rating : 4.2/5 (686 download)

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Book Synopsis The Practical Guide to Evidence in Criminal Cases by : Roger E. Salhany

Download or read book The Practical Guide to Evidence in Criminal Cases written by Roger E. Salhany and published by Scarborough, Ont. : Carswell. This book was released on 2002 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Expert Evidence and Scientific Proof in Criminal Trials

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Publisher : Routledge
ISBN 13 : 1351567403
Total Pages : 664 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Expert Evidence and Scientific Proof in Criminal Trials by : Paul Roberts

Download or read book Expert Evidence and Scientific Proof in Criminal Trials written by Paul Roberts and published by Routledge. This book was released on 2017-07-05 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placingforensic science in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder‘scommon sense reasoning. Finally, the volume‘s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Expert Evidence in Criminal Law

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Publisher :
ISBN 13 : 9781552211700
Total Pages : 275 pages
Book Rating : 4.2/5 (117 download)

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Book Synopsis Expert Evidence in Criminal Law by : Alan D. Gold

Download or read book Expert Evidence in Criminal Law written by Alan D. Gold and published by . This book was released on 2009 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains all the principles and knowledge needed to expose bogus experts and junk science and to reduce inflated expert evidence to its proper valuation.

Forensic Evidence in Court

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Publisher :
ISBN 13 : 9781531002237
Total Pages : 0 pages
Book Rating : 4.0/5 (22 download)

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Book Synopsis Forensic Evidence in Court by : Christine Beck Lissitzyn

Download or read book Forensic Evidence in Court written by Christine Beck Lissitzyn and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Forensic Evidence in Court updates the original version, which was published in 2007. This edition continues to focus on the use of forensic evidence in criminal trials by examining particular case studies. In addition, it adds two new topics: 1. Computer and Digital Forensics 2. Firearms, Ballistics, and Toolmarks This edition includes several significant developments in the use of forensic evidence at trial since 2007. The first is the U.S. Supreme Court case, Melendez-Diaz v. Massachusetts, which established a right under the Confrontation Clause of the U.S. Constitution to cross-examine certain forensic analysts. That case involved an analyst who certified that a substance linked to the defendant was cocaine. This right was subsequently extended to an analyst who performed a blood alcohol test. However, when the Supreme Court was asked to rule on the applicability of this rule to DNA examiners, it stated that the examiner would be required to testify only if the results of the test were "testimonial" in nature. The case has been criticized and some lower courts have subsequently refused to follow it. Another significant development was the release of a report on the scientific reliability of forensic testing in many different areas issued by the National Research Council. The Report, called Strengthening Forensic Evidence: A Path Forward, called for more scientific testing and for standardization in qualification of examiners and in laboratory conditions. The only area of forensic examination that the report viewed as scientifically reliable is DNA. Various government agencies have been established to attempt to implement some of these recommendations. Funding is obviously a huge obstacle to implementing many of the recommendations. A development in forensics itself involved the extension of newer technologies in DNA testing, including a process called "Low Copy DNA," which tests quantities previously too small to type as well as DNA test kits that can be used at crime sites. A further development is the expansion of computer hacking, computer fraud and the ubiquitous nature of computers in society. We have added a new chapter to reflect what will continue to be a contentious issue in court-- "proving location and events with digital evidence." Advances in the psychological sciences have results in courts addressing issues of eyewitness testimony. Courts are coming to realize that eyewitness identifications are not as reliable as once thought. As such, courts are struggling with how best to address these issues: through jury instructions, expert testimony, or though some other method. It has come to light that eyewitness identification issues once thought to be within the "ken" of the average juror are most certainly not, and are appropriate for some manner of court intervention. This book can be used in courses for the following degrees: paralegal, criminal justice, sociology, and political science. Forensic Evidence in Court is also appropriate for use in a legal specialty course. Assignments include case law research, study of rules of evidence, how to select and prepare an expert witness, comparison of legal tests used to admit forensic evidence, study of standards used to review admission of forensic experts on appeal, and written work demonstrating critical analysis. Any attorney can teach this course, using the Teacher's Manual and sample assignments. Adjuncts experienced in criminal law or extensive use of expert testimony are particularly well suited. Guest lecturers from state forensic laboratories and state law enforcement forensic investigators give added perspective.

Expert Testimony

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Publisher : Aspen Publishing
ISBN 13 : 1601568711
Total Pages : 251 pages
Book Rating : 4.6/5 (15 download)

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Book Synopsis Expert Testimony by : Steven Lubet

Download or read book Expert Testimony written by Steven Lubet and published by Aspen Publishing. This book was released on 2020-02-06 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them as your guide. In this newly revised Fourth Edition, Elizabeth Boals and Steve Lubet provide counsel on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery; analyze the Federal Rules of Evidence and Federal Rules of Civil Procedure; discuss the ethical rules governing expert retention and testimony; give examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning; and provide checklists for quick reference. The collaborative effort of Professors Lubet and Boals has resulted in a new edition worthwhile to both the expert witnesses and the lawyers who examine them.

Law, Science and Experts

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Publisher :
ISBN 13 : 9781611631883
Total Pages : 0 pages
Book Rating : 4.6/5 (318 download)

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Book Synopsis Law, Science and Experts by : William Scherer Bailey

Download or read book Law, Science and Experts written by William Scherer Bailey and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While science and technology have taken a major role in resolving legal disputes, experience has shown the difficulty of determining the reliability of this evidence. This book takes an in-depth look at the challenges of experts and forensic evidence, both civil and criminal, exploring the conflicts between law the science, the judicial gatekeeper function and the impact of the adversary system. The main objectives of the book are to use evidence, procedure and doctrinal information in solving challenging real-life problems involving expert testimony. It requires the use of strategy and effective communication skills. The teacher's manual has civil and criminal case material that will provide guided experiential learning opportunities for law students. The book is equally useful to civil and criminal practitioners, drawing on the informed perspectives of judges, law professors, leading practitioners and forensic experts. This book is the first of its kind in the legal field, a hybrid approach that analyzes cases and trends regulating the use of expert testimony. The use of science and mathematics is approached in a user-friendly way for non-scientists, effectively decoding what the Daubert decision actually means for actual practice. The authors cover the total range of both civil and criminal forensics, giving the reader a comprehensive foundation. Above all else, a book on forensics should be interesting and this one is all of that, drawing from multiple interviews of insiders who are well-familiar was the use and abuse of expert testimony. The multiple color illustrations are totally unique for a law book, reinforcing the text, making a vivid experience for both teacher and student. A DVD of a computer animation presenting expert testimony gives the book a distinct high tech slant. "The scope of the book is remarkable given its approximately 300 pages. [...]Equally valuable for the lawyer or law student are the chapters that clearly and concisely describe various types of forensic scientific evidence and tests that are presented in the typical American trial. [...]In short, Law, Science and Experts covers all three topics well, providing valuable insights for both law students and experienced civil and criminal trial lawyers. Any lawyer who tries cases in court should have this book on the office shelf." -- Frederick Moss, Professor Emeritus, SMU Dedman School of Law "Everything needed to effectively translate the forensic expert's world into that of the expert advocate is here." -- John Mitchell, Professor, Seattle University School of Law "The authors cover forensics in depth, which results in giving the reader a comprehensive understanding on the topic. [...]Throughout the book, the authors emphasize practical, how-to ideas. [...]Law, Science and Experts is a must read for any trial lawyer. Everything taught is applicable to both sides of a case, in both the civil and criminal areas. Unlike any other book available, this book explains how to advocate through experts and how to use critical evidence, bias, and visual aids to effectively teach and persuade the trier of fact." -- Elizabeth J. Donaldson, Washington State Association for Justice's Trial News "One of the book's highlights is the takeaways at the end of each chapter: convenient lists that summarize the key points and can serve as a quick guide for preparing an outline. Another highlight is practical advice from an array of litigators, forensic scientists, and jurists. Their insights--such as a judge's perspective on Daubert challenges--are invaluable [...] This guide is worth a place on every trial lawyer's shelf." -- Laura G. Tamez, Trial magazine

Expert Witnessing and Scientific Testimony

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Publisher : CRC Press
ISBN 13 : 9781420055030
Total Pages : 272 pages
Book Rating : 4.0/5 (55 download)

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Book Synopsis Expert Witnessing and Scientific Testimony by : Kenneth S. Cohen

Download or read book Expert Witnessing and Scientific Testimony written by Kenneth S. Cohen and published by CRC Press. This book was released on 2007-07-23 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Simply put, the primary role of the expert witness is to make clear and simple a complex technical or scientific issue. In practice, there are negative and positive aspects that must be considered before committing to the role. In a major case suing for big dollar amounts witnesses can expect to have their life history spread out like a roadmap for the world to see. On the other hand, finding and excavating the “smoking gun” piece of evidence can bring satisfaction far beyond any fees or hourly wage. Based on the author’s more than 30 years of experience as a successful expert witness, Expert Witnessing and Scientific Testimony: Surviving in the Courtroom demonstrates how to properly present scientific testimony and survive the onslaught of cross examination in court. Written in an engaging style, the book begins with introductory material to the world of litigation and the role and qualifications of the expert witness. It covers necessary legal protocols such as rules of evidence and procedure. Focusing on scientific testimony, the author demonstrates the use of scientific literature, presentation of testimony, and the language of lawyers. He addresses the courtroom experience with actual cases, experience, and pitfalls to illustrate procedure and strategy, cross-examination, and the exposure of personal history. Offering critical observations and judicial opinions, the book presents several exemplary civil, criminal, medical malpractice, and workers compensation cases. The author also includes his personal advice and tips on the business of expert witnessing. There is an extensive glossary of legal terms, detailed footnotes, and useful appendices summarizing code of conduct, paperwork, and examples of case reports. Offering an insider’s look at the labyrinthine world of litigation, Expert Witnessing and Scientific Testimony: Surviving in the Courtroom provides a guide for expert witnesses in today’s legal environment.